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How an embattled energy storage project in Acton, California, is threatening faster federal permits.

One hour north of Los Angeles, the small town of Acton is experiencing a battery energy storage buildout — and quickly becoming the must-watch frontline in the backlash against lithium-ion energy storage systems. The flashpoint: wildfires.
Like many parts of California, Acton has hot summers with heavy winds, putting it at elevated risk of the kind blaze that makes national headlines. Battery storage fires, while rare, are a unique threat, with relatively little data available about them to help regulators or the public understand the risk. People in Acton wondered: Would they really be safe if a wildfire engulfed a battery storage site, or if a battery failure sparked a new conflagration?
When L.A. County blessed the first battery energy storage system project in Acton last year, developers and local fire officials said they were doing everything in their power to ensure the batteries would meet safety standards. Residents were far from convinced.
“This will turn our community into industrial hell and it’ll erase us from the face of the Earth,” Jacqueline Ayer, a member of Acton’s town council, told me. Ayer is helping lead the local fight against the projects.
I’ve now spent more than a month researching the fight in Acton. In the process, I’ve learned how much — or little — we know about when battery energy storage and wildfires mix. We’ll get to that later in this story. To be honest, debunking battery fire risk wasn’t why I spent a month on Acton. It was what happened when the fears took hold.
Feeling they’d been failed by both the regulatory approval process and the court system, the Acton project’s opponents turned to their representative in Washington, House Republican Mike Garcia. Though Garcia can’t do anything to stop this particular project, he can severely hinder future ones: As Heatmap can exclusively report, after lobbying from Acton, Garcia inserted language into the annual funding bill for the Department of Energy that would block it from implementing a new rule designed to expedite permits for federally funded battery projects.
“What we’re hoping is that [with Garcia] being at the federal level, he’ll shed some light to the people at the top,” said Ruthie Brock of the activist group Acton Takes Action, “because if the top becomes informed, it’ll trickle down to local governments.”
This is why the Acton fight is so important — it demonstrates the risk of failing to obtain community buy-in, which can ricochet in ways no one intended. The political and media environments are quick to sensationalize the downsides of renewable energy, creating a tinderbox atmosphere in which small local fights can quickly become national ones.
On some level, a fight over battery fires going national was inevitable. Across the country, from New York to Washington state, communities are revolting against battery energy storage sites coming to their backyards. Often, those opposed cite the feared threat of fires or explosions.
Fires in battery energy storage systems, a.k.a. BESS, are quite rare. According to what data is available, the number of fires has stayed relatively flat even as deployment has grown drastically. There were fewer than 10 failure events in the U.S. in 2023, and there have been even fewer so far this year.
But when a fire does happen, experts say it can be quite difficult to put out. In some cases, there’s nothing a community can do other than let the blaze run.
“There’s a lack of consensus. There’s a lot of experts out there providing guidance, and that’s something we’re trying to work on with training throughout the country,” Victoria Hutchinson, an engineer with the Fire Protection Research Foundation, told me. “[It’ll] instill some fear in the meantime we figure out the best approach.”
Information on BESS and wildfires is even less available. Guillermo Rein, a professor of fire science and the editor-in-chief of the journal Fire Technology, told me the matter has not really been studied.
“When I say [BESS are] new, I mean really new,” Rein said. “We hardly know how it works when it gets [on] fire and we don’t have many technologies that are proven to work. We have technologies that we wish will work, but proven technologies that work are very rare. That means we have a new hazard we are struggling to understand and in the meantime, we don’t know how to protect against it.”
Los Angeles County approved Acton’s first battery storage system — Humidor, a 300 megawatt project by Hecate Energy — last summer through an expedited “ministerial” process, the local equivalent of a “categorical exclusion” under the National Environmental Policy Act. Ministerial reviews and categorical exclusions are used by regulators to skip the drawn out process of an environmental review because they can reasonably predict a lack of significant impact. Joseph Horvath, a spokesperson for L.A. County Planning, gave me a statement defending the approval and stating BESS projects must meet all local and state zoning and fire codes to receive a ministerial approval.
California had identified the Acton community back in 2021 as a potential site for energy storage to protect against future power shut offs. Acton made sense because it’s close to the SoCal Edison Vincent substation, making it well positioned to connect to the grid. There was also a real sense of urgency: To achieve its goal of 100% carbon-free electricity by 2045, the state estimates it will need to install a projected 52,000 megawatts or more of battery storage. Humidor is the first of what appears to be multiple projects being planned for the area, including two more Hecate facilities according to materials on the company’s website.
Convinced that a battery boom could mix poorly with extreme fire risk, and that the county moved far too fast to approve Humidor, Acton residents sued. The county, they argued, had little reason to conclude the facility would have an insignificant impact on the environment — so few BESS projects have been approved that the county used the standards from a different kind of project — an electrical substation — to draw that conclusion. L.A. County Planning told me they chose this comparison for reasons including the “purpose of BESS and its connection to the larger network for distributive purposes.”
Rein told me that at least when it comes to the fire risk, this isn’t an accurate comparison, and that there’s not actually enough data to claim such a facility would have an insignificant impact. “I would put great efforts into making sure this facility is safe,” he said. “They can’t just say, I met the regulation, I did enough. Because it’s a new hazard.”
Many of those in Acton opposed to the project believe the approval was rushed, and claim that little information was made available to the public as it was going through the county’s process. Furious residents have told county planners that the Acton town council was not notified in advance that an approval was on its way. They testified before the county board of supervisors that Hecate held only a single public meeting to discuss what it intended to build, with little notice given to potentially concerned citizens.
In my experience as a journalist reporting on large energy projects with serious community impacts, transparency is key to getting local buy-in to build a project. For years I covered the mining industry, where innumerable decades of toxic waste spills and labor scandals have forced companies to really innovate and spend serious dough on obtaining “social license to operate,” a term developers and investors use to describe acceptance to a company’s business practices.
This, of course, differs from the YIMBY school of thought that companies and governments should eschew frustrated municipalities to pursue the overriding net good of climate action. There are certainly merits to this argument, especially when it comes to communities that won’t take yes for an answer, and we’ll be exploring case studies supporting that view in future editions of The Fight.
I’m on the fence about whether Acton is one of those cases, though. Ayer, an environmental engineer by trade, told me she supports decarbonization and wants to see climate action happen. She just wants to feel assured the technology is safe.
If it wasn’t a lithium-ion battery storage facility “I would feel comfortable,” she said. “We will shoulder some of the weight. But it isn’t right that we shoulder all of the weight.”
When I tried to talk to Hecate about Acton’s wildfire concerns and how the company had engaged with the community, a company spokesperson, Bobby Howard, declined to make anyone available for an interview citing “ongoing litigation related to the subject.” Howard provided a factbook that said only that Humidor would “meet or exceed” local and state fire codes — without specifying which codes — and detailed some of the outreach the company did, including the public meeting as well as mailers to “thousands of individuals throughout the greater Los Angeles area, including civically engaged individuals throughout Acton.”
Howard declined to answer questions requesting more information about the company’s public outreach and wildfire planning. He did tell the Los Angeles Times earlier this year that Humidor would have “seismic bracing, safety zones around the perimeter, substantial setbacks from parcel boundaries, gravel breaks and a masonry wall around the facility.”
Stanford University senior research scholar and legal energy expert Michael Wara explained to me that in cases like these, having buy-in from the community is important to avoiding litigation and social blowback. “That is losing,” Wara said. “You have not served your client if you end up in litigation.”
“Having a process by which people are informed about a project and have an opportunity to provide input is important for buy-in for all kinds of projects related to the energy transition if you want to build in a democratic society,” he said. “Is it really the fire risk the community is concerned about?”
When it comes to the Acton battery fight, it’s the fears of fire that scare me the most, not the fire itself.
I sought reasons to be optimistic about putting battery energy storage in areas like Acton that are prone to wildfire because, well, California is essentially one big fire risk zone. James Campbell, a wildfire policy expert at the Federation of American Scientists, told me that battery energy storage decreases net wildfire risk compared to gas storage tanks and pipelines. “If we consider the whole-climate trade-offs, battery systems are much safer,” he said.
On its end, Hecate claimed in a letter to the L.A. County Board of Supervisors that a BESS fire has never traveled off-site, and that because the fires are fueled by flammable gasses, there is minimal risk of embers traveling elsewhere and igniting grass or bushes. The company pointed me to this letter when I reached out for comment.
“Nothing about fire risk mitigation is about certainty. It’s more, risk mitigation and fire is kind of like wearing a seatbelt,” Wara told me. “If you’re going 120 miles an hour down the highway and you get in a high-speed collision, your seatbelt will not save you. [But] there’s rapid advances in how these systems work.”
In the end, he added, meeting California’s carbon emissions targets will “probably mean building somewhere that there is non-trivial wildfire risk.”
What’s happening to offshore wind should be a cautionary tale for developers considering whether sinking time and money into community relations is really worth it: Last year, coastal fishermen and beach town mayors in New Jersey joined forces with fossil fuel funding and right-wing agitators to foment a conspiracy-infused campaign against offshore wind that has truly rattled the future of the industry.
Part of that offshore wind backlash grew out of New Jersey Republicans in Congress using the pulpit of their offices and filing amendments to legislation. As Garcia takes up Acton’s cause, I do wonder whether battery energy storage might be next. November’s election makes it less likely his language hindering expedited approvals for BESS projects will make it into the final funding bill, and Garcia’s office did not respond to requests to discuss its prospects.
But regardless, it’s an ember that could become a fire of its own.
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A conversation with Dustin Mulvaney of San Jose State University
This week’s conversation is a follow up with Dustin Mulvaney, a professor of environmental studies at San Jose State University. As you may recall we spoke with Mulvaney in the immediate aftermath of the Moss Landing battery fire disaster, which occurred near his university’s campus. Mulvaney told us the blaze created a true-blue PR crisis for the energy storage industry in California and predicted it would cause a wave of local moratoria on development. Eight months after our conversation, it’s clear as day how right he was. So I wanted to check back in with him to see how the state’s development landscape looks now and what the future may hold with the Moss Landing dust settled.
Help my readers get a state of play – where are we now in terms of the post-Moss Landing resistance landscape?
A couple things are going on. Monterey Bay is surrounded by Monterey County and Santa Cruz County and both are considering ordinances around battery storage. That’s different than a ban – important. You can have an ordinance that helps facilitate storage. Some people here are very focused on climate change issues and the grid, because here in Santa Cruz County we’re at a terminal point where there really is no renewable energy, so we have to have battery storage. And like, in Santa Cruz County the ordinance would be for unincorporated areas – I’m not sure how materially that would impact things. There’s one storage project in Watsonville near Moss Landing, and the ordinance wouldn’t even impact that. Even in Monterey County, the idea is to issue a moratorium and again, that’s in unincorporated areas, too.
It’s important to say how important battery storage is going to be for the coastal areas. That’s where you see the opposition, but all of our renewables are trapped in southern California and we have a bottleneck that moves power up and down the state. If California doesn’t get offshore wind or wind from Wyoming into the northern part of the state, we’re relying on batteries to get that part of the grid decarbonized.
In the areas of California where batteries are being opposed, who is supporting them and fighting against the protests? I mean, aside from the developers and an occasional climate activist.
The state has been strongly supporting the industry. Lawmakers in the state have been really behind energy storage and keeping things headed in that direction of more deployment. Other than that, I think you’re right to point out there’s not local advocates saying, “We need more battery storage.” It tends to come from Sacramento. I’m not sure you’d see local folks in energy siting usually, but I think it’s also because we are still actually deploying battery storage in some areas of the state. If we were having even more trouble, maybe we’d have more advocacy for development in response.
Has the Moss Landing incident impacted renewable energy development in California? I’ve seen some references to fears about that incident crop up in fights over solar in Imperial County, for example, which I know has been coveted for development.
Everywhere there’s batteries, people are pointing at Moss Landing and asking how people will deal with fires. I don’t know how powerful the arguments are in California, but I see it in almost every single renewable project that has a battery.
Okay, then what do you think the next phase of this is? Are we just going to be trapped in a battery fire fear cycle, or do you think this backlash will evolve?
We’re starting to see it play out here with the state opt-in process where developers can seek state approval to build without local approval. As this situation after Moss Landing has played out, more battery developers have wound up in the opt-in process. So what we’ll see is more battery developers try to get permission from the state as opposed to local officials.
There are some trade-offs with that. But there are benefits in having more resources to help make the decisions. The state will have more expertise in emergency response, for example, whereas every local jurisdiction has to educate themselves. But no matter what I think they’ll be pursuing the opt-in process – there’s nothing local governments can really do to stop them with that.
Part of what we’re seeing though is, you have to have a community benefit agreement in place for the project to advance under the California Environmental Quality Act. The state has been pretty strict about that, and that’s the one thing local folks could still do – influence whether a developer can get a community benefits agreement with representatives on the ground. That’s the one strategy local folks who want to push back on a battery could use, block those agreements. Other than that, I think some counties here in California may not have much resistance. They need the revenue and see these as economic opportunities.
I can’t help but hear optimism in your tone of voice here. It seems like in spite of the disaster, development is still moving forward. Do you think California is doing a better or worse job than other states at deploying battery storage and handling the trade offs?
Oh, better. I think the opt-in process looks like a nice balance between taking local authority away over things and the better decision-making that can be brought in. The state creating that program is one way to help encourage renewables and avoid a backlash, honestly, while staying on track with its decarbonization goals.
The week’s most important fights around renewable energy.
1. Nantucket, Massachusetts – A federal court for the first time has granted the Trump administration legal permission to rescind permits given to renewable energy projects.
2. Harvey County, Kansas – The sleeper election result of 2025 happened in the town of Halstead, Kansas, where voters backed a moratorium on battery storage.
3. Cheboygan County, Michigan – A group of landowners is waging a new legal challenge against Michigan’s permitting primacy law, which gives renewables developers a shot at circumventing local restrictions.
4. Klamath County, Oregon – It’s not all bad news today, as this rural Oregon county blessed a very large solar project with permits.
5. Muscatine County, Iowa – To quote DJ Khaled, another one: This county is also advancing a solar farm, eliding a handful of upset neighbors.
John McAuliff ran his campaign almost entirely on data centers — and won.
A former Biden White House climate adviser just won a successful political campaign based on opposing data centers, laying out a blueprint for future candidates to ride frustrations over the projects into seats of power.
On Tuesday John McAuliff, a progressive Democrat, ousted Delegate Geary Higgins, a Republican representing the slightly rural 30th District of Virginia in Loudoun and Fauquier Counties. The district is a mix of rural agricultural communities and suburbs outside of the D.C. metro area – and has been represented by Republicans in the state House of Delegates going back decades. McAuliff reversed that trend, winning a close election with a campaign almost entirely focused on data centers and “protecting” farmland from industrial development.
“I realized that the biggest energy crisis in the country was right here in my backyard,” McAuliff told me in an interview. “We are simply the tip of the iceberg of the enormous land rush AI has created.”
Virginia is the top data center destination in the U.S., with the bulk of operations in tech-centric Northern Virginia. As tech companies have found a home in the Commonwealth, communities have been pushing back against what they see as a drain on electricity and water supplies. As I’ve previously chronicled in The Fight, this pushback is also turning into opposition to renewable energy as part of a broader backlash to land use for advanced technological infrastructure.
Enter McAuliff who, until recently, was serving in key climate policy leadership roles during the Biden administration. He joined the Agriculture Department in 2022 after enactment of the Inflation Reduction Act and helped shepherd the expansion of the Rural Energy for America Program. He began advising the White House on climate policy in 2023 and served in the administration until the start of the current Trump administration.
Other factors contributed to McAuliff’s victory, which was certainly slim – the race was decided by less than a single percentage point. McAuliff undoubtedly benefited from a Democratic wave election in an off year during an unpopular GOP presidency that has slashed federal government employment, shattering the job market in northern Virginia. There’s also the convenient fact that McAuliff's last name is nearly identical to a recent former governor of Virginia.
But it’s impossible to ignore how much McAuliff’s campaign focused on data centers. His website had an entire page dedicated to his positions on the subject. His attack ads against Higgins focused on previous support and campaign contributions from data center developers – so much so that the Republican candidate began countering McAuliff by claiming that a Democratic victory would only lead to new solar projects.
Turns out, in this close race, the data center attacks worked and the solar rebuttal did not. McAuliff told me the day after his victory that the data center attacks resonate because yes, there’s an environmental impact from these projects, but also a “cultural” effect from the fact data centers are large, hulking complexes.
“There’s something folks are more willing to take a look at, and there’s something folks are less likely to look at, electorally speaking,” he said.
Chris Miller, president of the conservationist group Piedmont Environmental Council, told me you can see flickers of evidence that data centers shaped the results of other races in Virginia, too. One example he pointed to was in Prince William County, where Republican Delegate Ian Lovejoy lost his seat to a Democrat who campaigned on stricter scrutiny of the data center sector. Lovejoy also told voters he wanted to address the projects and authored legislation to put some minimum regulation in place on data center siting but it died in subcommittee, and when the House of Delegates passed legislation mirroring his proposal, it was vetoed by outgoing Republican Gov. Glenn Youngkin. This, to Miller, meant Lovejoy had nothing to show voters: “That may have been a factor, because he couldn’t deliver to his constituents.”
I wouldn’t be surprised if these races in Virginia are also turning heads in nearby Washington, D.C. — particularly those of the lawmakers in Congress debating whether to change our country’s permitting processes to meet growing power demand for artificial intelligence. Back home, permitting reform that makes it easier to build data centers could be a tough sell.